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Chapter 15     Entire Code
‹ Chapter 14  |  Chapter 16 › Printer Friendly Versions
Chapter 15  |  Article 15 - 10A  |  Section 5
WVC 15 - CHAPTER 15. PUBLIC SAFETY.
WVC 15 - 10 A- ARTICLE 10A. LAW-ENFORCEMENT REEMPLOYMENT ACT.

WVC 15 - 10 A- 1 §15-10A-1. Legislative findings.
The Legislature finds:

(1) That West Virginia law enforcement is currently suffering from an unacceptably high number of vacant law-enforcement positions because of military service obligations, and that given the time factors and expense associated with the hiring and training of personnel with no prior law-enforcement experience, it is in the interest of the state to reemploy retired law-enforcement officers in order to temporarily fill only the vacant positions of those law-enforcement officers called to active military duty;

(2) That no pension rights of any kind shall accrue or attach pursuant to reemployment under this article; and

(3) That a law-enforcement agency who hires a retired law-enforcement officer shall bear no responsibility for medical payments resulting from work-related injuries or illnesses of persons hired pursuant to this article, other than those commonly associated with state employees covered by workers' compensation.

WVC 15 - 10 A- 2 §15-10A-2. Reemployment of law-enforcement officers.
(a) Notwithstanding any provision of this code to the contrary, any honorably retired law-enforcement officer may, at the discretion of the head of a law-enforcement agency, be reemployed subject to the provisions of this article: Provided, That a retired law-enforcement officer employed pursuant to this article must be certified pursuant to article twenty-nine, chapter thirty.

(b) Any person reemployed pursuant to the provisions of this article shall:

(1) Receive the same compensation as a regularly enlisted officer of the same rank;

(2) Receive credit for all years of service accrued prior to their retirement, as well as service rendered after the date of their reemployment;

(3) Exercise the same authority as a regularly enlisted officer of the law-enforcement agency;

(4) Wear the same uniform and insignia;

(5) Be subject to the same oath;

(6) Execute the same bond; and

(7) Exercise the same powers and be subject to the same limitations as a regularly enlisted officer of the law-enforcement agency.

(c) A person reemployed pursuant to the provisions of this article is ineligible for promotion or reclassification of any type nor eligible for appointment to a temporary rank.

(d) A person reemployed pursuant to the provisions of this article may be employed for a period not to exceed two years from the date on which he or she is hired.

(e) As used in this article:

(1) "Law-enforcement officer" or "officer" means: (A) Any sheriff and any deputy sheriff of any county; (B) any member of a police department in any municipality as defined in section two, article one, chapter eight of this code; and (C) any natural resources police officer of the Division of Natural Resources; and

(2) "Head of a law-enforcement agency" means the chief of police of an incorporated municipality; a county sheriff, or the chief natural resources police officer of the Division of Natural Resources.

WVC 15 - 10 A- 3 §15-10A-3. Examination requirements.
A retired law-enforcement officer applying for reemployment under this article is required to pass mental and physical examinations as required, and meet such other requirements, as may be provided in rules promulgated by the head of the applicable law-enforcement agency.

WVC 15 - 10 A- 4 §15-10A-4. Coverage for illness or injury.
(a) Notwithstanding any provision of this code to the contrary, the head of the law-enforcement agency shall make provisions for coverage of personnel employed pursuant to this article by the workers' compensation division and bureau of employment programs. In the event an individual reemployed pursuant to this article sustains an illness or injury which is work related in origin, any cost associated with the treatment must be defrayed in this manner.

(b) In the event a work-related illness or injury renders an individual employed pursuant to the provisions of this article permanently physically or mentally disabled, the applicable law-enforcement agencies' disability coverage through the workers' compensation division shall apply, and the individual's existing pension shall be recalculated as though the disabling event had occurred coincident with the individual's original retirement. Any change in benefits resulting from this recalculation may not be retroactive in nature.

(c) The provisions of this section do not apply in the event a person employed pursuant to this article is disabled because of some cause or event which is determined not to be work related.

WVC 15 - 10 A- 5 §15-10A-5. Ineligibility for contributions to pensions.
Any person reemployed pursuant to this article is not eligible to contribute to any pension plan administered by the consolidated public retirement board, nor may he or she establish or accrue any new pension eligibility as a result of such reemployment.

WVC 15 - 10 A- 6 §15-10A-6. Employment status; civil service; and retirement benefits.
(a) Notwithstanding any provision of this code to the contrary, any person reemployed pursuant to this article shall serve at the will and pleasure of the head of the law-enforcement agency, and is subject to termination without cause.

(b) Any person reemployed pursuant to this article may not be included in the classified service of the civil service system.

(c) Notwithstanding any provision of this code to the contrary, compensation paid to any person reemployed pursuant to this article shall be in addition to any public employees insurance act retirement benefits, or any other retirement payments or pension benefits which he or she is already entitled to receive or is receiving.

Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.


Recent legislation affecting the Code

Citation Year/Session Short Title
§15 - 2 - 24 - (Amended Code)
SENATE BILL - 88
PASSED - Regular Session

SB88 SUB2 enr  (Uploaded - 03/25/2015)
Creating WV Clearance for Access: Registry and Employment Screening Act
§15 - 5 - 19 B - (New Code)
SENATE BILL - 242
PASSED - Regular Session

SB242 SUB1 enr  (Uploaded - 03/22/2015)
Creating criminal penalties for certain automated telephone calls during state of emergency or preparedness
§15 - 5 - 6 A - (New Code)
SENATE BILL - 243
PASSED - Regular Session

SB243 SUB2 enr  (Uploaded - 03/19/2015)
Relating to school nutrition standards during state of emergency or preparedness
§15 - 8 - 1 - (Repealed Code)
§15 - 8 - 2 - (Repealed Code)
§15 - 8 - 3 - (Repealed Code)
§15 - 8 - 4 - (Repealed Code)
§15 - 8 - 5 - (Repealed Code)
§15 - 8 - 6 - (Repealed Code)
§15 - 8 - 7 - (Repealed Code)
§15 - 8 - 8 - (Repealed Code)
§15 - 8 - 9 - (Repealed Code)
§15 - 8 - 10 - (Repealed Code)
§15 - 8 - 11 - (Repealed Code)
§15 - 8 - 12 - (Repealed Code)
SENATE BILL - 255
PASSED - Regular Session

SB255 SUB1 enr  (Uploaded - 03/01/2015)
Eliminating certain boards, councils, committees, panels, task forces and commissions
§15 - 5 - 28 - (Amended Code)
SENATE BILL - 294
PASSED - Regular Session

sb294 enr  (Uploaded - 03/12/2015)
Eliminating certain unnecessary, inactive or redundant councils, committees and boards
§15 - 2 A- 9 - (Amended Code)
§15 - 2 A- 10 - (Amended Code)
SENATE BILL - 299
PASSED - Regular Session

sb299 enr  (Uploaded - 03/02/2015)
Clarifying start date of State Police duty-related and nonduty related disability payments
§15 - 2 - 54 - (New Code)
§15 - 2 A- 23 - (New Code)
SENATE BILL - 342
PASSED - Regular Session

sb342 sub1 enr  (Uploaded - 03/30/2015)
Clarifying scope, application and requirements for error corrections by CPRB
§15 - 9 - 1 - (Amended Code)
§15 - 9 - 2 - (Amended Code)
§15 - 9 - 3 - (Amended Code)
§15 - 9 - 5 - (Amended Code)
§15 - 9 - 6 - (New Code)
§15 - 9 A- 1 - (Amended Code)
§15 - 9 A- 2 - (Amended Code)
§15 - 9 A- 3 - (Amended Code)
§15 - 9 B- 1 - (Amended Code)
§15 - 9 B- 2 - (Amended Code)
SENATE BILL - 370
PASSED - Regular Session

sb370 enr  (Uploaded - 03/19/2015)
Reorganizing Governor's Committee on Crime, Delinquency and Correction and certain subcommittees
§15 - 10 - 3 - (Amended Code)
§15 - 10 - 4 - (Amended Code)
SENATE BILL - 508
PASSED - Regular Session

sb508 enr  (Uploaded - 03/12/2015)
Reorganizing Hatfield-McCoy Regional Recreation Authority
§15 - 2 A- 21 - (Amended Code)
SENATE BILL - 529
PASSED - Regular Session

SB529 SUB1 enr2  (Uploaded - 03/30/2015)
SB529 SUB1 enr  (Uploaded - 03/30/2015)
Relating to PERS, SPRS and TRS benefits and costs
§15 - 1 F- 7 - (Amended Code)
HOUSE BILL - 2224
PASSED - Regular Session

hb2224 enr  (Uploaded - 03/22/2015)
Providing that historical reenactors are not violating the provision prohibiting unlawful military organizations
§15 - 2 A- 3 - (Amended Code)
HOUSE BILL - 2505
PASSED - Regular Session

HB2505 ENR SUB  (Uploaded - 03/15/2015)
Relating to retirement system participation and concurrent employment provisions
§15 - 2 - 3 - (Amended Code)
HOUSE BILL - 2523
PASSED - Regular Session

hb2523 enr  (Uploaded - 03/05/2015)
Creating a special revenue account to offset costs for the West Virginia State Police 100th Anniversary in 2019
Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.
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